Rights of Persons with Disabilities (RPwD) Act, 2016
Context:
The Supreme Court recently expanded the definition of "acid attack victims" under the Rights of Persons with Disabilities (RPwD) Act, 2016, to include individuals who were forcibly administered or forced to ingest acid.
Previously, the 2016 law only recognized victims of acid-throwing.
Invoking its plenary powers under Article 142 of the Constitution, the Court made this inclusion operative retrospectively from the Act's inception in 2016.
This ensures that survivors of forcible acid ingestion can claim essential disability benefits, monetary support, and identity cards.
Key Features of the RPwD Act, 2016:
Definition of Acid Attack Victims:
In the Act's Schedule, under the category of "Locomotor disability," these victims were originally defined strictly as persons disfigured due to violent assaults by the throwing of acid or similar corrosive substances.
The recent SC ruling legally broadens this specific definition.
Employment Reservations:
The Act mandates that every appropriate Government must reserve not less than 4% of total vacancies in government establishments for persons with benchmark disabilities.
Notably, 1% of this quota is specifically reserved for individuals with locomotor disabilities, which explicitly includes acid attack victims.
Educational Benefits:
All Government institutions of higher education and those receiving government aid are required to reserve at least 5% of their seats for persons with benchmark disabilities.
Furthermore, these individuals are granted an upper age relaxation of five years for admission.
Social Security and Healthcare:
The legislation obligates the government to formulate necessary schemes providing disability pensions, unemployment allowances, and comprehensive insurance coverage.
It also guarantees barrier-free access across all parts of healthcare institutions, along with priority in medical attendance and treatment.
The Act establishes a formal procedure where designated certifying authorities assess the specified disability and issue a certificate of disability that is valid across the entire country.
A foundational pillar of the Act ensures that no person shall be deprived of their personal liberty or discriminated against solely on the ground of disability, securing their right to equality and a life with dignity.